G.R. No.

200922 July 18, 2012

PEOPLE OF THE PHILIPPINES, Appellee,
vs.
CESAR CONCEPCION y BULANIO, Appellant,

FACTS:

A criminal case filed against the accused Cesar Concepcion y Bulanio for the
crime of robbery with homicide under Article 294 of the Revised Penal Code (RPC) with
his co-accused RosendoOgardo, Jr. riding in a Suzuki motorcycle with Plate no. RCi-
7037 and forcibly took, robbed and carried away JenniferAcampado Y Quimpo’s
shoulder bag containing wrist watch, earring, brochure, bracelet and wallet all valued
at P3,000.00, and that on the occasion of the said robbery, accused ROSENDO
OGARDO, JR. Y VILLEGAS died due to vehicular accident.

ISSUE:

Whether the snatching of the shoulder bag is ROBBERY OR THEFT.

HELD:

Concepcion’s snatching of Acampado’s shoulder bag constitutes the CRIME OF

THEFT, not robberybecause the prosecution failed to establish that Concepcion used
violence, intimidation or force in snatching Acampado’s shoulder bag which was hanging
on her left shoulder andwas aggravated by his use of a motorcycle in committing the
crime. Under Article 14(20) of the RPC, the use of a motor vehicle as a means of committing
a crime is a generic aggravating circumstance.